visa refusal dla incapacity

[yan213]

Send the actual refusal decision with the appeal form to the UK. Send a copy of the refusal decision with a reconsideration request and the additional evidence to Beijing.

Hi Amber,,
It's been a while, we put in our appeal , but still no word, the uk embassy in Beijing asked us to stop contacting them, saying it would conflict with the correct way to do things , in effect saying do not bother us, even though the reconsideration request was signed for by the embassy they said they did not receive it, now every time i write i am just sent an automated reply,
I have noticed since our application other people have been told the same, that dla and carers and incapacity are for my own use,
I just worry this will kill our appeal,
My wife bless her is so supportive, all she says is god brought us together , so no one will ever keep us apart,
I have been reading about the ss route, for obvious reasons this will be very very difficult for me and could even be life threatening, but if this is left as my only option , i will do this , it will mean i will lose my home , and probably never be able to have a business that can support me and my wife, but i feel they are leaving me with so little choice,
I still have not heard from the appeal place , i sent in my appeal with your formula, as i did my reconsideration request,
but i still have such fear that because they want to refuse as many as possible , regardless of any evidence they will still refuse, as you can imagine , i have looked at many many sites for all types of information, and it seems also that many judges even make their decision before you even get into the court,
oh well, we can only hope and pray , you are such a kind person helping so many people on this and oher sites, please take care many thanks Bernie and Yan

[Amber]

Do not worry, you'll be fine, just wait for the appeal.

[yan213]

Back again ,
We received a letter from the appeal place today, saying they have not heard back from the embassy, about our reconsideration, so now it is going to appeal,

Several people have said you have a far greater chance of success if you attend in person , as opposed to sending in a paper appeal,
Unfortunately with my problems it will be very difficult to go in person ,

I have only sent in a paper appeal, do you think it should be changed to a personal appeal, with me going to give evidence, If so can it still be changed at this late date, I did request information from them regarding help with my problem , but they were ignored by the appeal tribunal,

I really naively thought they would do the honest thing and grant the reconsideration , but after the amount of things I have been reading of late , IT SHOULD OF BEEN CLEAR THEY NEVER GIVE ANY RECONSIDERATION'S ,
Well not on any of the sites i have been reading,
it seems this government should be brought to court for amongst other things, human rights violation, and frequent contempt of court on other rulings , to name but two,
MANY THANKS
Bernard and Yan

[Amber]

An oral hearing is always better.

[yan213]

Well it's been a while, we did finally get our refused appeal overturned, I feel I may of rocked a few boats and written some not very nice things with threats of action, not really able to believe this is why , but we did get a result, sadly unlike all fairy tales things do come crashing down, It seems now that pip has replaced dla, I will not qualify for exemption under the dla / incapacity rules, as I have been told my problems are no longer covered under pip, so all my existing benefits will cease,
my poor wife bless her is working her little heart out but she will never reach £18600,00 per year income, and from what i am told, i will lose all existing benifits but will be able to claim job seekers, or some thing like that, Which is really funny in that the job centre have told me i am unemployable. but with a government determined to cut back, on payments for sick people, last figures i read said 2% of dla claims were probably false claims, but they have already taken 30% off dla, hardly suprising, any way, my poor loves 2.5 years will be here sooner than later, And i am wondering what I can do , I have been doing the best i can to get the house finished to start our B&B , but even if by some mirical this was done in the next 6 months, any income from that , as far as i am aware can not be counted, as it is a new business, just a shot in the dark, to get any advice,
looking forward to your reply, good or bad,
many thanks
Bernard and Yan

[Petaltop]

It seems now that pip has replaced dla, I will not qualify for exemption under the dla / incapacity rules, as I have been told my problems are no longer covered under pip, so all my existing benefits will cease,

Congratulations in being a cancer surviver. Although DLA and it's replacement PIP are in work benefits, they cease to be paid when the person gets better. When does your DLA end?

my poor wife bless her is working her little heart out but she will never reach £18600,00 per year income, and from what i am told, i will lose all existing benifits but will be able to claim job seekers, or some thing like that,

I doubt you will get income based JSA as they will count your wife's wages in the calculation for income based benefits.

The minimum wage is soon to be £7.20 per hour. @ 7.20 per hour, that is just under 50 hours a week to make the £18,600.

I have been doing the best i can to get the house finished to start our B&B , but even if by some mirical this was done in the next 6 months, any income from that , as far as i am aware can not be counted, as it is a new business,

Instead of doing work on the house, could you take a few hours work a week on PAYE to help Yan meet the £18,600? You can use both salaries to make the £18,600.

Since she had her last visa, the Immigration Health Surchage has been brought in and she will need to pay £500 for that, in addition to her visa fee (which is going up on 18 March).

[Amber]

Who told you, you won't qualify for PIP?

[yan213]

Hi Amber,
Sorry it is so long , I filled in the on line form for pip. and it seems my current problems are not covered in full, our entire plan was to get the B & B and annex/ cottage up and running so I could get off any benefits, but with not being in the best of health things are taking much longer than normal, I have since been awarded PIP at a reduced rate, I have been reading things in the application with Yan, and it seems they may be including what Yan earns to pay towards the mortgage and council tax,, But as our mortgage has now changed to a repayment from an interest only we would still be under the desired amount for being exempt, we can reach the £18600.00 with just Yans salary, she has been working her little heart out , but reading the aplication it seems to say if you get PIP you have to go the exempt way, and we want to go the £18600 way, we could just say no to the benefits part on the form, but that would not be being truthful, and we still are not sure even if we go the £18600 way, weather they work out your income the way we need them to, I saw an answer to another post on here that said, " Keep this in ur mind that UKBA in variable income calculate the minimum income earned in a month multiply it with 12.(not a hard n fast rule by UKBA but in most cases they do) " even though she easily has earned this in a year , when taking the lowest month and multplying by 12 it is a huge amount below the number we need,
any way time is getting near now, like all things in life nothing runs smoothly,
but i'm still here, so can not complain,
many thanks
Bernard and Yan

[Casa]

Unfortunately since your previous posts, Amber has left the forum.

[yan213]

I only pressed post reply, not pm, I have never pressed pm, so i am really sad that my message reached you in this way

[yan213]

Hi Casa,
Thank you for letting be know about Amber,
My husband just read this and told me I was a silly bugger as the big red writing was not directed at me but just on your reply page to stop you getting lots of unwanted messages, silly me,
Many Thanks
Yan

[Casa]

Hi Casa,
Thank you for letting be know about Amber,
My husband just read this and told me I was a silly bugger as the big red writing was not directed at me but just on your reply page to stop you getting lots of unwanted messages, silly me,
Many Thanks
Yan

No problem. Sorry you thought you were being told off.